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Simon's defense attorney just told the court that Amanda Thomashow will be the first to testify today.
Prosecutors are asking the judge to only allow audio recordings, not film or photos, given the "sensitive nature regarding sexual assault." No objection from the defense.
Judge orders no video coverage of Thomashow. "Not even a hand," she says. Defense says their next motion will be about whether Thomashow can, in fact, testify. Buckle up folks.
Lee Silver, Simon's attorney, says they're sorry for what Thomashow has gone through, but that her testimony (for the prosecution) shouldn't be admitted. Says what Thomashow's abuse, or what she told Title IX director Kristine Moore, isn't relevant here.
Silver says the only big questions here are: what was Simon told about Nassar in 2014, and what happened during or after the police interview with Simon in 2018? Thomashow is being used to "play to the hoards of media" and "stoke prejudice" against Simon.
Silver says Thomashow's testimony would also be used by the prosecution to garner sympathy and cover up holes in the prosecution's case.
Silver says even if the judge believes there's some "shred" of relevancy to this case from Thomashow, it still shouldn't be allowed b/c it would confuse this issues. It's not about abuse, or whether Moore did a good investigation, he says.
AG's office, the prosecution, responds: our theory of the case is that from 2011-2014, under Simon's control of MSU, there was a culture of "protect the brand. Her mission was for MSU to look good. The truth? MSU had an extremely poor record on sexual assault..."
Scott Teter for the prosecution. "What happened to Amanda Thomashow, and how her report was mishandled by MSU, and that it went all the way to the defendant's desk before being swept under the rug, sets the motive" for Simon to lie.
Teter says last year during the Nassar sentencings, when Simon told reporters that she didn't find out the details about Nassar until everybody else did in 2016, that was a lie. So Teter says Simon had two options: stick to that lie, or put MSU at risk of civil suits.
Silver comes back up for the defense. Says Teter's talking about MSU's culture, etc. "What he is trying to do is put Michigan State on trial for this proceeding for the way MSU handles" these allegations. "That's my worst fear, your honor."
This trial has nothing to do with whether MSU had a culture of permitting sexual misconduct, that's not at issue here, Silver says. "That's why he's trying to put Ms. Thomashow on."
Judge says that Thomashow is a step in relaying information, and that's what this case is about - when did it get to Simon? Says her testimony is relevant, but doesn't want to go too far into "the MSU culture."
Judge now allowing either side to make opening statements. "I'm looking for the specifics of what Simon knew, what she should have known...and not a voluminous history about culture at Michigan State." Teter takes the podium.
Teter's opening statement: great institutions have to do more than look good, they have to be good. That didn't happen here. "When MSU looks good, the defendant looks good." In 2011, Dept of Ed sends out a letter telling schools to better handle sexual assault reports on campus
Teter says we will also be hearing from Paulette Granberry Russell, who was then the director of the Title IX office. Meetings about sexual assault became "regular" events on Simon's calendar.
Back then, the Title IX office had just two investigators - one for staff. "AT the same time they had 5 trainers for the football team," Teter adds.
Moore's an attorney, Teter says. She doesn't have law enforcement training, or any training that would help victims of sexual abuse. Moore's job was also to make MSU look good, Teter says.
Teter says after Thomashow's assault by Nassar in 2014, she "decided to do the bravest thing: she called Dr. Kovan" who worked at the sports med clinic and told him "everything" Nassar did to her. "Amanda's complaint sat for three weeks and nobody contacted her."
Teter says Moore wasn't told the whole story by Dr. Kovan, was shocked to hear what Nassar did to Amanda. Now, Moore went into action: interviewed Amanda for 45 minutes, then called her boss, Granberry Russell. Russell then emailed Simon the same day, Teter says.
Prosecutor now presenting an enlarged poster of the email Granberry Russell sent to Simon: " we have an incident involving a sports medicine doctor." Says in less than 24 hours after Moore took Amanda's complaint, Simon was alerted.
Teter now reading through the email Moore sent to her boss, Granberry Russell's, PERSONAL email w/ a summary of Thomashow's allegations: Nassar massaging her breast, and her butt and vaginal area "as if they were getting intimate."
